[WSBARP] Ejectment vs Eviction under moratorium

[Craig Sjostrom]

I did a post-nonjudicial foreclosure ejectment action in Skagit County a few
months ago, on behalf of a client who bought the property from the bank that
had done the foreclosure, against a relative of the former owners who was
basically squatting; we were able to get him out along with some of his
friends. That was under a previous iteration of the moratorium, I can't say
whether it would work now.

 

Craig

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Roger Hawkes
Sent: Wednesday, February 10, 2021 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Ejectment vs Eviction under moratorium

 

Be aware the county court system where property is located may very well
have placed its own restrictions on such actions.

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Timothy Lehr
Sent: Wednesday, February 10, 2021 2:26 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] Ejectment vs Eviction under moratorium

 

All,

 

Has anyone successfully pursued an ejectment action under the moratorium vs
an eviction? I have a couple cases where an ejectment seems proper vs an
eviction as there is no LL/T relationship. 

 

Case 1 - PC allowed occupant to stay in a manufactured home on his property
a few years ago. No rent exchanged. PC wanted to "help" the occupant during
rough times, but now occupant is refusing to leave and causing other types
of problems. PC is selling the manufactured home and a 60-Day notice was
properly served with affidavit and purchase agreement signed by buyer. I
would love to file eviction under RLLTA and cite "Intent to Sell" exception
to moratorium to speed things up, but I believe this is more of an ejectment
situation and don't want to get to a hearing and get it tossed out. 

 

Case 2- PC purchased home at foreclosure sale. Previous owner is now
refusing to vacate. The sheriff already told PC they can't help and to get
attorney. I haven't determined yet whether PC is planning to "occupy" the
property or not. If he does wish to occupy, we serve 60-Day with attachments
and we're in the same scenario as Case 1, ejectment vs eviction. If he
doesn't intend to occupy, can we move forward with ejectment action under
the moratorium where none of the exceptions are present? If not, it seems
property owners have ZERO recourse in the event of a squatter on their
property without the presence of exceptions.? That seems wild to me, but par
for the course with this moratorium. 

 

Any thoughts would be appreciated!

 

Timothy C. Lehr

Attorney at Law

 



 

p:   360.855.0131

e:   timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

w:  www.stileslaw.com <http://www.stileslaw.com/> 

 

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